Legal malpractice is generally the term for an attorney’s negligence when the attorney’s work or representation of the client is below the standard or duty of care for what a reasonable, prudent attorney would have done in the same or similar circumstances. Attorneys also owe their clients fiduciary duties, including the duty of loyalty. Legal malpractice and breach of fiduciary duty claims against attorneys are based on state law and vary from state to state.
In Pennsylvania, legal malpractice occurs when an attorney fails to provide services at the level of care, skill, and diligence that is commonly possessed and exercised by other attorneys under similar circumstances. This includes errors in judgment, negligence, and any breach of the attorney's duty to provide competent representation. To establish a legal malpractice claim in Pennsylvania, a client must typically show that the attorney owed a duty to the client, the attorney breached that duty, and the breach was the proximate cause of the client's damages. Additionally, attorneys in Pennsylvania owe fiduciary duties to their clients, such as the duty of loyalty and the duty to act in the best interests of the client. Breach of these fiduciary duties can also give rise to a claim against the attorney. The specifics of legal malpractice and breach of fiduciary duty claims are governed by Pennsylvania state law and can be subject to interpretation by state courts.